Jump to content


  • Tweets

  • Posts

    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
    • The move marks the first time the country's central bank has raised interest rates for 17 years.View the full article
    • The firm has benefited from the AI boom, making it the third-most valuable company in the US.View the full article
    • Former billionaire Hui Ka Yan has been fined and banned from the financial market for life.View the full article
    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Taking action against local council-any help appreciated!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6512 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi, im currently into my fourth month of a dispute between myself and leicestershire county council regarding an accident which damaged my car.

 

Basically to cut a long story short, i hit a plastic bollard which had been pushed into the road by a lorry exiting a building site opposite. It was dark and the bollard was free of reflectors which are apparently a legal requirement ( i have photographic evidence of the bollards free of reflectors ). the accident broke my front bumper, i went down all the official routes of getting the repair work quoted-having a council representative inspect the vehicle etc. But as i suspected the council have denied liability, i have written two further letters contesting this but I'm just getting standard replies and not being taken seriously.

 

The only way to resolve this situation seems to be with legal action, my insurance company say i'm unlikely to win as the courts and the councils are in each others pockets so to speak.

 

I feel stuck, i want to stick to my guns and not pay out of my own pocket because i dont think its my fault. But on the other hand i dont want to take it to court if i'm wasting my time.

 

If anyone has any advice for me it would be GREATLY appreciated.

 

Regards

Ross

Link to post
Share on other sites

Been in a similar situation myself, although against a private company, not the council.

 

My insurance company hired solicitors after I complained that they had not pursued my claim, but were advised (as I was) not to pursue the claim as they/I would probably lose. I'm fully comp so the car was fixed but I paid £200 excess and £350 for a hired estate car (the Daewoo Matiz they offered at no further cost to me was not big enough to carry all my equipment in and the insurance company verbally gave me the go ahead to hire what I needed because I would get it back); it cost me a further £360.

 

I'm not going to hijack another thread :) but I was just wondering; don't we have the right to expect the insurance company to at least fight the claim rather than just "give up", regardless of the probability of them losing? Isn't that what we are paying for?

 

I didn't concede, they did. They should reimburse me, and all of us in a similar situation.

I only mouth my opinion, please look elsewhere for sensible advice! :)

Link to post
Share on other sites

my insurance company say i'm unlikely to win as the courts and the councils are in each others pockets so to speak.

 

And how would the insurance company know that? Are we in conspiracy theory country now?

Whereas I could believe it in small villages where the mayor and the local JP (if not one and the same) used to eat at each other's table and do one another favours, I doubt very much that this is still the case, or certainly not in such an open way.

 

What I do believe is that your insurance company don't want to get involved into such a small claim. Are you fully comp? Or do I get the feeling you're TPFT?

 

Either way, it's nonsense. If your insurance company refuses to get involved, sue the coucil (small claims, not expensive), and complain to the Insurance Ombudsman about your insurance. It seems to me they're failing in their fiduciary obligation towards you by not defending YOUR interests when YOU're the client.

Link to post
Share on other sites

Is it possible to take the council to a county court?

 

I didn't think it was, as it's a 'government agency' or some such rubbish.

If you feel that we have helped you, or you would like to help keep this web site running so that others can continue to get their money back, please click the donate button at the top of the forum.

Advice & opinions of Dave, The Bank Action Group and The Consumer Action Group are offered informally, without prejudice & without liability.

Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

 

------------

 

 

Add me as your friend on FaceBook - I need all the friends I can get :-(

 

http://www.facebook.com/profile.php?id=577405151

 

------------

Link to post
Share on other sites

I really should know the answer to this but I'm not absolutely certain.

 

However, I'm pretty sure Crown Immunity doesn't apply in general to local councils. If it did, people wouldn't be constantly suing over paving stone trips. Whether it would apply in this case is something I don't know.

Link to post
Share on other sites

Local Councils definitely do not have immunity from legal proceedings.

 

Your insurers' comments that the Courts and the Council are in league with each other is silly, its not worth commenting on further. The insurers don't want to do anything because it will cost them about three times as much as the value of the claim - it would be cheaper to just give you the £450.00.

 

However, the same applies to the Council. Even if you lost the case, it would have cost them more to defend it than the value of the claim. So you could try.

I'm not sure on the facts you've given where the evidence of liability is though. It was a council lorry? and a council bollard ? and you or a reliable witness saw the bollard being knocked into the road? This being a negligent act by the local authority who should have known the bollard was there and wouldn't be seen by motorists? Its a tricky one.

Link to post
Share on other sites

hi and thanks for all the helpful support.

 

Today i spoke to my insurance company and made it clear that i was looking to persue the case even if my chances were poor. They were actually more helpful this time and said that i could persue legal action and not have to make a claim even if i was found to be at fault.

 

I am going to write a further letter to the council explaining my intentions to take legal action-this is my last attempt to get them to pay up before it goes through the legal team at my insurance company.

 

I will keep you updated on what happens with the case but thanks to anyone who has posted on it, only just started using the site but already finding it extremely useful.

 

Regards, Ross

Link to post
Share on other sites

I really should know the answer to this but I'm not absolutely certain.

 

However, I'm pretty sure Crown Immunity doesn't apply in general to local councils. If it did, people wouldn't be constantly suing over paving stone trips. Whether it would apply in this case is something I don't know.

 

Quite right. Except in my case, it was a hole left by a removed wooden post, filled with leaves from the previous autumn (this was in May, and I had my then 5 weeks old baby in my arms) in which I tripped and broke my ankle. And baby bumped his head against kerb. Still makes me shudder when I think of it.

Before the days of no claim, no fee, still went for it. Hole was filled within 1 week of lodging my complaint. Got just over 4k for ankle, which was nowhere near the hassle it caused me, but there you go. Councils are definitely not immune from County Court claims.

Link to post
Share on other sites

I agree that they're not immune and the points about personal injury claims are valid but in a way thats part of whats annoying me.

 

A more dishonest person might have claimed injury from the accident (granted there are many valid injury claims but there are also many dubious ones) but i have never tried to do this.

 

i consider myself to be an honest decent person who is just looking to repair the damage to my car which i feel was caused by someone else's negligence nothing more nothing less.

Link to post
Share on other sites

Today i spoke to my insurance company and made it clear that i was looking to persue the case even if my chances were poor. They were actually more helpful this time and said that i could persue legal action and not have to make a claim even if i was found to be at fault.

 

I am going to write a further letter to the council explaining my intentions to take legal action-this is my last attempt to get them to pay up before it goes through the legal team at my insurance company.

 

Why don't your insurers, or thier legal dept; write the letter?

Link to post
Share on other sites

I have in the past sued the council for a personal injury claim ( a genuine one lol ) and won .So yes you can sue the council they don't have imunity.

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

Link to post
Share on other sites

Why don't your insurers, or thier legal dept; write the letter?

 

One reason may be that you have to pay them extra because of a reduction in any NCD.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

Link to post
Share on other sites

my insurance company have assured me that even if they are unsuccesful i will not be obligated to make a claim against my insurance and will not lose any no claims bonus. i think this is the best result i could have hoped for-lets just hope i have some success.

Link to post
Share on other sites

Reading a book I have on litigation in general -

 

Public authorities definitely have to act within the law, and can be taken to the high court for judicial review, which is where they have 'acted improperly in exercising their powers'. This specific case can only be taken to the high court.

 

I don't think your case would be an application for judicial review though so I see no reason why you can't take them to small claims. Plus you wouldn't have much to lose anyway by doing this.

If you found this post useful please click on the scales above.

 

Egg - £400 - Prelim sent. On hold.

Mint - On the list Est £800

GE Capital - On the list (3 accounts!) Est £4000

 

MBNA - £545 Prelim sent 13/11/2006

LBA sent 1/12/2006

£350 partial payment received 18/12/2006.

Full settlement received 20/1/07

 

NatWest - Est £4000 not incl interest

Data Protection Act Sent 10/1/07

Statements received 24/1/07

Prelim sent 3/2/07

Full Settlement received 22/2/07

 

The contents of this post are the sole opinions of The Cornflake and not necessarily the opinions of any other members of this group. They do not constitute sound legal or financial advice and if in doubt you are advised to seek advice from a qualified professional

Link to post
Share on other sites

  • 2 weeks later...
Is it possible to take the council to a county court?

 

I didn't think it was, as it's a 'government agency' or some such rubbish.

 

Oh indeed it is. :D

If it wasn't then the firm I work for would be totally stuffed.

 

People sue local authorities, education authorities, health authoirities and police authorities for any number of reasons ranging from medical negligence to bullying to tripping over a wonky pavement.

[FONT=Arial][SIZE=1]Proceedings issued....and acknowledged. [/SIZE][/FONT] [FONT=Arial][SIZE=1]Counting down to the 21st....[/SIZE][/FONT] [URL="http://thebighub.co.uk"]http://thebighub.co.uk[/URL]

Link to post
Share on other sites

I really should know the answer to this but I'm not absolutely certain.

 

However, I'm pretty sure Crown Immunity doesn't apply in general to local councils. If it did, people wouldn't be constantly suing over paving stone trips. Whether it would apply in this case is something I don't know.

 

Hi You can sue your council but the court will have expected you to exhaust every avenue.

 

Crown Immunity does not apply to such authorties & the government has waived its rights to allow for civil action in many other areas. You still can't sue the Queen

 

If your a past or present service person you can even sue the armed forces for negligence

Link to post
Share on other sites

  • 12 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6512 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...